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MISUSING DOMESTIC VIOLENCE LAWS TO JAIL ACTIVISTS
Sierra Times News Nuggets - ^ | Published 06. 12. 02 at 22:25 Sierra Time | Ray Thomas

Posted on 06/13/2002 4:07:16 AM PDT by lavaroise

MISUSING DOMESTIC VIOLENCE LAWS TO JAIL ACTIVISTS: "On April 18, David Milum was sitting in the kitchen of his house on Jot Em Down Road when two deputies walked in, without knocking, he says, and arrested him on a "good behavior" warrant. Milum's offense? He had frightened County Commissioner Marcie Kreager during a conversation outside the county administration building the previous day. He didn't threaten her. He didn't touch her. He just scared her." This constitutes a government employee misusing a domestic violence system to penalize political activists who approach them. That she was "frightened" is a subjective judgment designed to create a crime for the purpose of harassing someone who speaks out against the government.

Was she really "frightened?" I doubt it. It looks like she just wanted to harass someone who remonstrated with her about some of her decisions and actions as a county commissioner. Being "frightened" is a subjective judgment and its use in this case is simply a way for this politician to shut up dissent. There is now a restraining order out on these activists, which will inhibit them from working against her position. At the same time, such an order will take away their right under the Constitution to be armed. Not by law, just by the word of a county commissioner who claimed that she was "frightened." (Source: Atlanta Journal-Constitution, 6/10/2002) [061302-1]


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: coloroflaw
Tell me here, who is confining who? This is intollerable.
1 posted on 06/13/2002 4:07:17 AM PDT by lavaroise
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To: lavaroise
I think Ashcroft's statement concerning the IInd Amendment just laid the groundwork for a total rescission of RKBA.

It doesn't matter whether the right is individual or not, if it's only honored in the breach. Here is a good example of how the business class, led by President George W. Bush, who as a group hate RKBA (because they don't like the idea of the people they take advantage of every day being armed), working subtle riffs on "domestic violence" and other laws to strip "the right people" of RKBA. This sounds like a pretty political application of "domestic violence" warrants.

And anyway, what is a "good conduct" warrant, that it allows a person who hasn't broken the law and isn't charged with anything, to be arrested and run in? Presumably he was booked for something? He now has a police record, upon the pointed finger of the pol he offended?

2 posted on 06/13/2002 4:19:12 AM PDT by lentulusgracchus
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To: lavaroise
This story smells. I think there is a lot more to it than just what is in this brief paragraph.
3 posted on 06/13/2002 4:37:53 AM PDT by jimtorr
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To: lentulusgracchus
...working subtle riffs on "domestic violence" and other laws to strip "the right people" of RKBA.

I've noticed this, too. Also, how about all these crimes that are classified as felonies? We all know a convicted felon can't own a firearm. Simply charge a person with 'felony animal abuse' or some other absurd charge, have him arrested, and use the power of the state to convict him. Poof! Another sheep for the slaughter.

4 posted on 06/13/2002 4:46:45 AM PDT by Pern
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To: jimtorr
Yup. Unless this is some backwater, LEO's don't like to get involved in political squabbles.

We have a guy in NC that did the same thing. Claimed the law was out to get him at the behest of local politicians. He got a lot of sympathy but failed to mention he wouldn't pay property taxes and (admittedly) called in a bomb threat.

5 posted on 06/13/2002 4:51:02 AM PDT by AppyPappy
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To: jimtorr
As I thought, there is a huge history behind this small story. It comes from the Atlanta Journal, and involves a possibly corrupt county government and judiciary. It's a bit long to post here, but here's a link.

Arrests in Forsyth County raise questions of free speech, politics

Here's a short excerpt, telling what led up to the "arrest".

Milum said he went to the county office on April 17 to talk with the zoning administrator about what he considered an improper zoning of property owned by County Solicitor Leslie Abernathy. He said Kreager approached him and asked why he was in the employees' smoking shed outside the administration building. Milum said he began telling her about the zoning.

At that point, he said, Kreager, became agitated and began yelling, "You're stalking me. You stalk me everywhere I go. Get back!"

"It scared me," said the burly Milum.

Kreager insists that Milum approached her and in a loud and intimidating voice said he had evidence that would put someone in prison.

"I did indeed feel threatened," she said. "His tone. His mannerism. I asked him to step back several times, and he didn't. He kept getting close to me. He acted like it made him mad that I asked him to step back.

"I'm sorry," Kreager continued, fighting back tears. "You don't have any idea how this man frightens me."

This wasn't the first time Kreager called for police protection, though.

6 posted on 06/13/2002 4:59:37 AM PDT by jimtorr
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To: AppyPappy
We have a county attorney that has a zero tolerance policy for "domestic violence". There are many families whose lives are ruined because the police say they have no choice, if there is any evidence of violence, such as a wife admitting that she pushed her husband, they must arrest the person.

The ATF has ruled that *any* restraining order makes a person inelegible to possess a firearm or ammunition. It is easy to see how this can be used for political purposes. I've seen enough rabidly anti-gun politicians to believe it. Most often these folks are also rather paranoid and afraid of anyone who speaks out against them. Maybe because they have a guilty conscience?

7 posted on 06/13/2002 5:03:52 AM PDT by marktwain
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To: lavaroise
bump
8 posted on 06/13/2002 5:12:19 AM PDT by Maelstrom
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To: jimtorr
I ran the links to the Atlanta Journal-Constitution story (q.v.) which is still up. The story is good.

It took place in -- get this -- conservative Forsyth County (as in, can you spell "Battle Flag"?), and the pols who are using the DV laws to whack the nosey parkers who are outing their sweetheart land deals are Republicrats.

There were two or three incidents involving a crew of about three or four courthouse insiders and a woman judge who knows all that "domestic violence" inside baseball. The judge is the one retailing the creative riffs on squashing people; the woman mentioned in this piece of the story is just the sniveler-in-chief. When it gets too hot in the kitchen, have a cry and send the deppidies to jug the guy you pointed at. This really stinks. And the Clintonoid Violence Against Women Act really puts teeth in it, by felonizing gun owners who get caught in these domestic/restraining-order beefs.

What makes it really bad is the signal the Supreme Court just sent, by refusing to hear the two II-A cases. By their silence, they signal that they will smile on any law that cuts against firearms ownership, and that they will studiously refuse to defend II-A rights, or to allow anyone to assert a defense of anything based on that article of the Bill of Rights.

9 posted on 06/13/2002 5:29:43 AM PDT by lentulusgracchus
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To: marktwain
Maybe because they have a guilty conscience?

Perzacktly. Scum of the _________ earth.

10 posted on 06/13/2002 5:31:21 AM PDT by lentulusgracchus
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To: jimtorr
Bump for the scumbag pols using restraining orders to put people in jail.

Bump for the Sierra Times's blowing the whistle.

Half-bump for the Atlanta paper, which wouldn't have printed the story except that the scumbags are Republicrats. If they'd been Fulton County (Atlanta) Democrats, we'd never have heard any of this, no way. The Atlanta papers are very careful about who they report on.

11 posted on 06/13/2002 5:37:02 AM PDT by lentulusgracchus
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To: lavaroise
Where is the "domestic" in this case? Did these people live together? Does anyone read the law these days?
12 posted on 06/13/2002 5:56:24 AM PDT by right2parent
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To: lentulusgracchus
This really stinks. And the Clintonoid Violence Against Women Act really puts teeth in it, by felonizing gun owners who get caught in these domestic/restraining-order beefs.

Correction: Gun owners are not the subject of this law. If you read it closely, it restricts "ownership" (read inventory) for federally licenced firearms dealers, and certain collectors. Look it up. This is as far as federal authority can reach.

13 posted on 06/13/2002 7:36:10 AM PDT by right2parent
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To: right2parent
Someone burned Dr. Tim Emerson over a personally owned Beretta he kept at his office. He injudiciously produced it during a 45-minute harangue by his divorcing (contested) wife......who promptly called every blue uniform in sight and had both state and federal charges instituted against him.

Now that the Supreme Court has cut him loose, he's doomed.

AFAIK, he wasn't an FFL.

14 posted on 06/13/2002 9:38:49 AM PDT by lentulusgracchus
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To: right2parent
Yeah, I know, kind of like a village concept streched a bit.
15 posted on 06/13/2002 10:17:06 AM PDT by lavaroise
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